any violation of these regulations in Alaska and the waters off Alaska may be punished in accordance with the procedures and penalties of sections 105, 106, and 107 of the Act and the regulations in this part. (i) In accordance with paragraph (d)(2)(ii) of this section, the Administrator, after consultation with the State of Alaska, may issue permits to non-Alaskan, U.S. citizens authorizing the taking of any marine mammal listed in this section in the waters off Alaska. Applications for permits shall include: (1) Name and address of applicant; (2) Month and year of taking; (3) Identity of the marine mammal and the quantity to be taken; (4) Proposed location of taking; (6) Proposed disposition of parts and products and method of shipment; (7) The following certification: I hereby certify that the foregoing information is complete, true and correct to the best of my knowledge and belief. I understand that this information is submitted for the purpose of obtaining the benefits of a permit under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 through 1407) and regulations promulgated thereunder, and that any false statement may subject me to the criminal penalties of 18 U.S.C. 1001 or to penalties under the Marine Mammal Protection Act of 1972. and (8) Signature of the applicant; (j) Permits applied for under paragraph (i) of this section shall be terminated by reimposition of the moratorium or any closure of a season by the State of Alaska. (k) Permits issued under paragraph (i) of this section shall contain such terms and conditions as the Administrator may deem appropriate to ensure that any taking and subsequent disposition shall be in accordance with the Act, with these regulations, and with the applicable provisions of Alaska's approved laws and regulations and shall include: (1) The number of animals which are authorized to be taken; (2) The location from which they may be taken; (3) The method of taking; (4) The period during which the permit is valid, which period shall be subject to reimposition of the moratorium, or any closure of a season by the State of Alaska; (5) Any requirements for reports or rights of inspection with respect to any activities carried out pursuant to the permit; (6) The conditions of sale or other disposition of any parts or products including any marking requirements; and (7) A reasonable fee covering the cost of issuance of such permit, including an appropriate apportionment of overhead and administrative expenses of the Department of Commerce. In no event will the cost be less than the fee for the comparable non-resident license or permit issued by the State of Alaska. [39 FR 41370, Nov. 27, 1974, as amended at 52 FR 24250, June 29, 1987] § 217.2 Scope of regulations. The various provisions of Parts 216 through 227 of this chapter are interrelated, and particular note should be taken that the parts must be construed with reference to each other. The regulations in Parts 216 through 227 apply only for fish or wildlife under the jurisdictional responsibilities of the Secretary of Commerce for the purpose of carrying out the Endangered Species Act of 1973 (see Part 222, § 222.23(a)). Endangered species of fish or wildlife other than those covered by these regulations are under the jurisdiction of the Secretary of the Interior. For rules and procedures relating to such species, see 50 CFR Parts 10 through 17. [39 FR 41370, Nov. 27, 1974, as amended at 52 FR 24250, June 29, 1987] § 217.3 Other applicable laws. No statute or regulation of any State shall be construed to relieve a person from the restrictions, conditions, and requirements contained in Parts 216 through 227 of this chapter. In addition, nothing in Parts 216 through 227 of this chapter, nor any permit issued under Parts 217 through 228 of this chapter, shall be construed to relieve a person from any other requirements imposed by a statute or regulation of any State or of the United States, including any applicable health, quarantine, agricultural, or customs laws or regulations, or other National Marine Fisheries Service enforced statutes or regulations. [39 FR 41370, Nov. 27, 1974, as amended at 52 FR 24250, June 29, 1987] § 217.4 When regulations apply. The regulations of Parts 216 through 227 of this chapter shall apply to all matters, including the processing of permits, arising after the effective date of such regulations, with the following exception: (a) Civil penalty proceedings. Except as otherwise provided in § 218.25, the civil penalty assessment procedures contained in Parts 216 through 227 of this chapter shall apply only to any proceeding instituted by notice of violation dated subsequent to the effective date of these regulations, regardless of when the act or omission which is the basis of a civil penalty proceeding occurred. [39 FR 41370, Nov. 27, 1974, as amended at 52 FR 24250, June 29, 1987] Subpart B-Definitions § 217.12 Definitions. "Act" means the Endangered Species Act of 1973, as amended (Pub. L. 93-205). "Assistant Administrator" means the Assistant Administrator for Fisheries of the National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce, or his authorized representative. "Atlantic Area" means all ocean and tidal waters off the southeast Atlantic States from 36°33'00.8'N. latitude (North Carolina or Virginia border) south and west to a line at 81°W. longitude, except for waters within the Canaveral Area, as defined in this section. 66 'Authorized officer" means (1) Any commissioned, warrant, or petty officer of the U.S. Coast Guard; (2) any certified enforcement officer of the National Marine Fisheries Service; (3) any officer designated by the head of any Federal or State agency that has entered into an agreement with the Secretary and Commandant of the Coast Guard to enforce provisions of the Act; (4) any Coast Guard personnel accompanying and acting under the direction of any person described in subparagraph (1) of this definition. "Canaveral Area" means all ocean and tidal waters off the east coast of Florida between 28°N. latitude and 29°N. latitude. "Commercial activity" means all activities of industry and trade, including, but not limited to, the buying or selling of commodities and activities conducted for the purpose of facilitating such buying and selling: Provided, however, That it does not include the exhibition of commodities by museums or similar cultural or historical organizations. "Country of exportation” means the last country from which the animal was exported before importation into the United States. "Country of origin” means the country where the animal was taken from the wild, or the country of natal origin of the animal. "Fish or wildlife" means any member of the animal kingdom, including without limitation any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. includes, "Foreign commerce" among other things, any transaction (1) between persons within one foreign country, or (2) between persons in two or more foreign countries, or (3) between a person within the United States and a person in one or more foreign countries, or (4) between persons within the United States, where the fish or wildlife in question are moving in any country or countries outside the United States. "Gulf Area" means all ocean and tidal waters in the Gulf of Mexico except the southwest Florida Area, as defined in this section. "Import" means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the tariff laws of the United States. "Inshore" means marine or tidal waters landward of the baseline from which the territorial sea of the United States is measured and marine or tidal waters on the mainland side of any baselines on offshore islands. "Length" in reference to a shrimp trawler, means the distance from the tip of the vessel's bow to the tip of its stern. "Offshore" means waters seaward of the baseline from which the territorial sea of the United States is measured. "Permit" or "Certificate of exemption" means any document so designated by the National Marine Fisheries Service and signed by an authorized official of the National Marine Fisheries Service, including any document which modifies, amends, extends or renews any permit or certificate of exemption. "Person" means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government. "Possession" means the detention and control, or the manual or ideal custody of anything which may be the subject of property, for one's use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one's place and name. Possession includes the act or state of possessing and that condition of facts under which one can exercise his power over a corporeal thing at his pleasure to the exclusion of all other persons. Possession includes constructive possession which means not actual but assumed to exist, where one claims to hold by virtue of some title, without having actual custody. "Pre-Act endangered species part" means any sperm whale oil, including derivatives and products thereof, which was lawfully held within the United States on December 28, 1973 in the course of a commercial activity; or any finished scrimshaw product, if such product or the raw material for such product was lawfully held within the United States on December 28, 1973, in the course of a commercial activity. "Scrimshaw product” means any art form which involves the substantial etching or engraving of designs upon, or the substantial carving of figures, patterns, or designs from any bone or tooth of any marine mammal of the order Cetacea. For purposes of this part, polishing or the adding of minor superficial markings does not constitute substantial etching, engraving or carving. 93-189 0-87--3 "Secretary" means the Secretary of Commerce or his authorized representative. "Shrimp" means the following species of the order Crustacea: (1) Brown shrimp (Penaeus aztecus). (2) White shrimp (P. setiferus). (3) Pink shrimp (P. duorarum). (4) Rock Shrimp (Sicyonia breavirostris). (5) Royal red shrimp (Hymenopenaeus robustus). (6) Seabob shrimp (Xiphopenaeus kroyeri). "Shrimp trawler" means any fishing vessel which is equipped with trawl nets and fishes for shrimp, or whose on-board or landed catch of shrimp is over one percent by weight of all fish on board. "Southwest Florida Area" means the ocean and tidal waters off Florida from 23°40' N. Latitude to 27° N. latitude between 81° W. longitude and 84° W. longitude. "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territory of the Pacific Islands. "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect. "Tow time" means the interval from trawl doors entering the water to trawl doors being removed from the water. "Transportation" means to ship, convey, carry or transport by any means whatever, and deliver or receive for such shipment, conveyance, carriage, or transportation. "United States" means the several States of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territory of the Pacific Islands. 220.1 General. 220.2 Purpose of regulations. 220.3 Scope of regulations. 220.4 Emergency variation from require ments. Subpart B-Application for Permits 220.11 Procedure for obtaining a permit. 220.12 [Reserved] 220.13 Abandoned application. Each person intending to engage in an activity for which a permit is required by Parts 217 through 222 of this chapter or the Endangered Species Act of 1973 shall, before commencing such activity, obtain a valid permit authorizing such activity. Each person who desires to obtain the permit privileges authorized by Parts 217 through 222 of this chapter must make application for such permit in accordance with the requirements of this Part 220 of this chapter and the other regulations in Parts 217 through 222 of this chapter which set forth the additional requirements for the specific permits desired. If the activity for which permission is sought is covered by the requirements of more than one part of Parts 217 through 222 of this chapter, the requirements of each part must be met. If the information re quired for each specific permitted activity is included, one application may be accepted for all permits required, and a single permit may be issued. § 220.2 Purpose of regulations. The regulations contained in this part will provide uniform rules and procedures for application, issuance, renewal, conditions, and general administration of permits issuable pursuant to Parts 217 through 222 of this chapter. § 220.3 Scope of regulations. The provisions in this part are in addition to, and are not in lieu of, other permit regulations of Parts 217 through 222 of this chapter and apply to all permits issued thereunder, including “Endangered Fish or Wildlife" (Part 222). § 220.4 Emergency variation from requirements. The Director may approve variations from the requirements of this part when he finds that an emergency exists and that the proposed variations will not hinder effective administration of Parts 217 through 222 of this chapter, and will not be unlawful. Subpart B-Application for Permits § 220.11 Procedure for obtaining a permit. The following general procedures apply to applications for permits: (a) Forms. Applications must be submitted by letter containing all necessary information, attachments, certification, and signature. In no case will oral or telephone applications be accepted. (b) Forwarding instructions: Applications must be submitted to the Director, National Marine Fisheries Service. The address is listed in § 217.21. (c) Time requirement. Applications must be received by the appropriate official of the National Marine Fisheries Service at least 90 calendar days prior to the date on which the applicant desires to have the permit made effective. The National Marine Fisheries Service will, in all cases, attempt to process applications deemed sufficient |